New rule mandates time and a half pay for lower paid employees

New rule mandates time and a half pay for lower paid employees

May 1, 2024 | Blog, USA news

Qualified lower-paid workers who earn a salary but work more than 40 hours in a week will soon be entitled to guaranteed time-and-a-half pay, thanks to a new labor rule announced by the Biden-Harris administration.

This rule will raise the salary thresholds necessary to exempt a “salaried bona fide executive, administrative, or professional employee from federal overtime pay requirements.”

The salary threshold will increase in two stages. The first increase will take place on July 1, bringing the annual salary equivalent to $43,888. This is a significant jump from the current threshold of $35,568. Following this, on January 1, 2025, the threshold will rise again, reaching $58,656.

The Department of Labor has released this information in a blog with stock photos providing clarity on the matter.

Whitmer Signs Bills for Health Services and Criminal Justice

Whitmer Signs Bills for Health Services and Criminal Justice

Apr 30, 2024 | Blog, Michigan News

LANSING, Mich. – Today, Governor Gretchen Whitmer signed legislation that aims to establish a licensure framework for dietitian nutritionists. The governor also signed legislation that delivers ongoing funding for trial courts across the state, reducing costs for local municipalities.

 

“Today’s commonsense, bipartisan bills will improve health care licensing for dietitian nutritionists and protect critical funding for trial courts,” said Governor Whitmer. “Together, we will continue delivering on the issues that make a real difference in people’s lives, from health care to public safety. Let’s keep working together to build a brighter, safer future for Michigan.”

 

House Bill 4608, sponsored by state Representative Laurie Pohutsky, establishes licensing requirements and standards for dietitians and nutritionists. By doing so, the bill seeks to ensure that individuals who provide dietary advice and guidance meet certain qualifications and adhere to professional standards.

 

“I sponsored House Bill 4608 to protect Michiganders and help make sure crucial healthcare is accessible and affordable,” said Speaker Pro Tem Laurie Pohutsky (D-Livonia). “Now, when individuals are looking to receive a dietician’s opinion, individuals can easily identify qualified and trustworthy providers — that is very important when it comes to health and wellness. Licensure will also help ensure medical nutrition therapy is covered by insurance, making it much more accessible for countless Michiganders. It is a win to have the governor sign this into law today.”

Justice for All…

House Bill 5392, sponsored by state Representative Sarah Lightner, provides essential funding to ensure trial courts have the necessary resources to operate effectively. By supporting our courts, Michigan becomes a safer place for all its residents.

 

“This bill is a step forward toward our shared goal of courts that are funded fairly all across Michigan while maintaining the independence of the judicial branch,” said State Court Administrator Tom Boyd. “We look forward to providing the Governor and Legislature with the data, information, and recommendations they need to take the next steps in this process as we work together to develop and implement a long-term funding plan that delivers justice for all.”

 

“We appreciate the legislature acting in a bipartisan fashion to extend the expiring sunset,” said Dan Gilmartin, Executive Director and CEO of the Michigan Municipal League. “With Governor Whitmer taking swift action to sign this legislation, we ensure the seamless functioning of the district and municipal courts supported by cities across the state.”

https://www.michigan.gov/whitmer/news/press-releases/2024/04/30/gov-whitmer-signs-bipartisan-bills-to-strengthen-health-services-and-criminal-justice

 

People v Williams Michigan COA – Police CPL Check

People v Williams Michigan COA – Police CPL Check

Apr 29, 2024 | Blog, USA news, Your Rights

People v Williams
Michigan Court of Appeals
No 365299 (04/18/24)

MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason.

Makes possession of a concealed weapon a presumptive crime

Further, MCL 750.227 makes possession of a concealed weapon a presumptive crime, which can be rebutted by the suspect producing their CPL. Thus, a police officer has reasonable suspicion to  approach a person and ask for proof of a CPL after observing a bulge in the person’s clothing indicative of a hidden firearm.

The trial court’s order granting defendant’s motion to suppress is reversed.

About it

Michigan Court of Appeals Case No. 365299, People v Williams, centers on a warrantless search and subsequent arrest. The details of the case are not explicitly mentioned in the available information, but the legal reasoning behind the decision is referenced.

The case cites MCL 750.227, which prohibits carrying a concealed pistol without a license. It also references previous cases (Henderson and Williams) that established the legality of a warrantless search under the “automobile exception” when there’s reasonable suspicion of a crime.

The relevant part of People v Williams seems to focus on justifying a traffic stop. The court apparently determined that an informant’s tip about a driver possessing a handgun amounted to reasonable suspicion, warranting the stop. This aligns with the established principle that police can conduct stops based on reasonable suspicion, even if it’s a lesser standard compared to the probable cause needed for arrests or searches.

While the case itself isn’t elaborated on, it highlights the legal basis for traffic stops based on reasonable suspicion, particularly when the suspicion involves potential gun possession.

Better have a real good attorney

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Underage Workers in Factories Spark Fines, Investigations, and Legislation

Apr 27, 2024 | Blog, USA news, Your Rights

A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers.

Michigan’s Department of Labor and Economic Opportunity (LEO) and the U.S. Department of Labor launched investigations into the facility.

Additionally, Michigan’s Occupational Safety and Health Administration (MIOSHA) levied over $50,000 in fines against the plant for inadequate safety training and dangerous machinery.

Hearthside initially denied the allegations but has since paid some fines and is appealing others.

Federal and State Collaboration

The U.S. Department of Labor has increased oversight through an interagency task force focused on combating child labor. This initiative allows collaboration with other federal agencies, like the Department of Education, which offers training on child labor identification to school staff.

Strengthening Enforcement

State legislators are proposing bills to improve child labor enforcement and worker protection. One bill increases fines for violating child labor laws, aligning them with federal penalties. It also allows child workers to sue for damages and protects whistleblowers from retaliation.

Another bill proposes a complete overhaul of the work permit system in Michigan. Currently, teens obtain permits through schools. This bill would shift the responsibility to the LEO, creating a centralized database of legal teen workers and their employers. This system would enhance the LEO’s ability to identify potential child labor violations.

Immigrant Advocacy and Underlying Issues

Many underage workers in the exposed case were immigrants. Immigrant advocacy groups support the proposed bills, emphasizing provisions for compensating victims and protecting whistleblowers.

These measures could alleviate stress on immigrant families forced into child labor due to economic hardship.

However, these groups express concern that solely focusing on enforcement might drive children into even more dangerous and unregulated working environments.

As always addressing the (root causes) of child labor, such as poverty and lack of opportunity, is crucial for lasting solutions.

Better have a real good attorney

Understanding Domestic Violence Laws in Michigan

Understanding Domestic Violence Laws in Michigan

Apr 26, 2024 | Blog, USA news

Understanding Domestic Violence Laws in Michigan

Domestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are experiencing domestic violence in Michigan, it’s important to know your rights and the laws that protect you. This article will explain the key points of domestic violence laws in Michigan.

What is Domestic Violence?

Michigan law defines domestic violence as a pattern of behavior used to control an intimate partner. This can include:

  • Physical abuse: Hitting, kicking, shoving, grabbing, choking, or any other physical force used to harm.
  • Sexual abuse: Forced sexual contact, threats of sexual violence, or any sexual activity that is not consensual.
  • Emotional abuse: Yelling, threats, insults, name-calling, stalking, or any behavior that causes fear or emotional distress.
  • Financial abuse: Controlling finances, preventing access to money, or sabotaging your ability to work.

Who is Protected by Domestic Violence Laws?

Michigan’s domestic violence laws protect a variety of relationships, not just spouses. You can seek protection under these laws if you have been in an intimate relationship with the abuser, even if you never lived together or were not married. This includes:

  • Spouses or former spouses
  • Dating partners or former dating partners
  • People who have a child together, even if they were never romantically involved

What are the Different Types of Domestic Violence Charges?

The severity of the domestic violence crime will determine the charges filed. Here’s a breakdown of some common charges:

  • Domestic Assault: This is the most common charge for domestic violence. It can include causing physical harm, fear of harm, or offensive physical contact. A first offense is typically a misdemeanor punishable by up to 93 days in jail and a fine of $500.
  • Aggravated Domestic Assault: This is a more serious charge that applies when the abuser causes serious injuries (requiring medical attention) or uses a weapon. A first offense can be either a misdemeanor or a felony, depending on the severity of the abuse. Penalties can range from one year in jail and a $1,000 fine to five years in prison and a $5,000 fine.
  • Stalking: Repeatedly following, harassing, or threatening someone can be considered stalking. This is a criminal offense, and penalties can vary depending on the circumstances.

Protection Orders

A personal protection order (PPO) is a court order that prohibits the abuser from contacting you or coming near you. It can also order the abuser to leave your home and give you temporary custody of your children.

There are two main types of PPOs in Michigan:

  • Emergency PPO: A law enforcement officer can issue this temporary order if they believe you are in immediate danger. It lasts for up to 72 hours.
  • Regular PPO: You can petition the court for a longer-term PPO. A hearing will be held where you will have the opportunity to present evidence of the abuse. The judge will then decide whether to grant the PPO and for how long.

How to Get Help

If you are experiencing domestic violence, there are resources available to help you. Here are some steps you can take:

  • Call 911: If you are in immediate danger, call 911.
  • Go to a safe place: If you can safely leave your home, do so and go to a friend’s house, family member’s house, or a domestic violence shelter.
  • Contact a domestic violence hotline: There are 24/7 hotlines available that can provide support and information about your options.
  • Talk to an attorney: An attorney can advise you of your legal rights and help you obtain a personal protection order.